Monday, August 29, 2016

Get on Demand זיוף התורה : Psak from R Hershel Schacter

GET ON DEMAND

זיןף התורה

The words highlighted above in yellow do
not appear in the רעק''א
or in the שבות יעקב חלק א' סימן י''ד which the רעק''א is referencing. The reason these words were inserted was that
the author was trying to promote his agenda and give credence to a concept
which he has fantasized. In order to explain why this forgery was perpetrated It
is important to explain the agenda and why it is wrong.

A husband has the
obligation of שאר כסות ועונה (שכו''ע)if the husband refuses to meet the obligation
of עונה we
say he is being מעגן his
wife. We are also allowed to force him to give a get since he is violating the
obligations of שכו''ע.In Siman 77 he is classified as a מורד. Until modern times a
husband who did not want to go thru the GET process would just leave town and
never be heard from again. This is what the שבות יעקבis addressing, the instance of a מורד. In the scenario of a GET ON DEMAND the husband is prepared to
meet his obligations but the wife still wants to leave the marriage, there is
absolutely no requirement for the husband to give a get, since he is not a מורד. Therefore it is 100% prohibited from
applying pressure on the husband to facilitate the GET. This is a complete
contradiction to the feminist philosophy of GET ON DEMAND

In order to pander
to the feminist movement and not be considered old fashioned the author has
created a pseudo concept which has no basis in HALACHAH. He has claimed that
once a woman leaves a marriage and will not go back the marriage is broken.
Since the marriage is now broken the woman is anעגונה and now there is a Mitzvah for the husband to
give a GET. They are using the שבות יעקבasthe source for this.
As explained in the previous paragraph this is a major mistake. They are also
misclassifying the woman by calling her an עגונהIn the vast majority of cases she is not an עגונה but a מורדת. The HALACHA in these instances is that she has to be told to
return to her husband. The reason we do not hear of this happening is because
any Bais Din who told a woman that she must return to her husband would cause
the stream of dollars from women seeking the Bais Din to assist them in leaving
a marriage to cease. Since no one is willing to stand up to this crowd their
fraudulent Halachas have propagated and are now affecting the Yichus of Bnei
Torah.

In the instance of
the woman claiming מאוס עליand having presented it in a manner which is
an אמתלא מבוררת ונכרתto a Bais Din she does not have to return to
the husband. This is extremely rare and the reasons for the rarity are out of
scope for this article. The Ramoh quotes the Tur on this scenario. I will quote
the statement of the Tur on this to make it clearer. In Siman 77 it says as follows ובאר
עוד בתשובה וכתב והסכימו חכמי אשכנז וצרפת שבטענת מאיס עלי אין לכוף לבעל לגרש לכן
יזהר כל דיין שלא לכוף לגרש בטענת מאיס עלי וכן אין כופין אותה להיות אצלוThere is no greater
scenario of a broken marriage then one where the woman does not have to return
to live with the husband. We still say that even in this scenario it is
prohibited from forcing the husband to give a GET. This is a complete
contradiction to what the GET ON DEMAND people are promoting.

RAMIFICATIONS

1> No external pressure is applied. The Bais Din
tells the husband that he is obligated according to the Torah to give a get. He
obeys the Bais Din and gives a GET. This is a classic case of a גט בטעות . If
the husband would know that there is absolutely no obligation to give a GET he
would never have given a GET. This is a statement from the חזון אישin EVEN HOEZER Siman 99 paragraph 2 on a similar scenario ועוד דחשיב גט בטעות
דאילו הוי ידע שאינו חייב לא היה מגרש

2> Indirect pressure
applied. There are too many variables involved so this is not in scope.

3> Direct pressure applied. This would also invalidate the GET
because it is מעושה
שלא כדין

https://cross-currents.com/2017/09/15/orthodoxys-smashing-success-lurking-challenges/ BY AVROHOM GORDIMER · PUBLISHED SEPTEMBER 15, 20...

Rav Zev Leff recommends my 3 books on Child & Domestic Abuse

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